Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 35

35.(1) This section applies to an employee who:

   (a)  has been incapacitated for work as a result of an injury; and

   (b)  retired (whether voluntarily or otherwise) from his or her employment
        at any time after the commencement of this section; and

   (c)  as a result of the retirement, receives a lump sum benefit under a
        superannuation scheme; and

   (d)  rolled-over part of the lump sum benefit into a superannuation fund or
        an approved deposit fund.

(2) Compensation is payable to the employee for the injury under this section
for each week after the date of the retirement during which the employee is
incapacitated.

(3) The amount of compensation is an amount worked out using the formula:
Amount not
    Unadjusted        Superannuation     rolled-over

    amount of    -        amount      x  Lump sum   +  Superannuation

    compensation           520           benefit       contributions
where:

"Unadjusted amount of compensation" means the amount of compensation that
would have been payable to the employee for a week if:

   (a)  section 31, other than subsection 31(8), had applied to the employee;
        and

   (b)  the week were a week referred to in subsection 31(4);

"Amount not rolled-over" means the amount not rolled-over or withdrawn from
the superannuation fund or approved deposit fund to which the lump sum benefit
was rolled-over;

"Lump sum benefit" means the amount of the lump sum benefit received by the
employee;

"Superannuation amount" means the superannuation amount received by the
employee as a lump sum.

(4) In this section:

"approved deposit fund" has the same meaning as in section 34;

"rolled-over" has the same meaning as in section 34;

"superannuation fund" has the same meaning as in section 34.